[6] In addition, in the absence of clear allegations I expressed my preliminary view of no reasonable prospect of success. At the time of filing the application and the conference the Applicant was on personal leave; therefore, efforts were made to resolve matters to facilitate a return to the workplace. The parties jointly agreed to resolve the dispute, and extensive time was spent on an agreed outcome which clarified responsibilities and processes in the workplace.

[7] However, the Applicant has since indicated that he prefers to exit from the business, and that the in principle agreed outcome is not the Applicant's preferred resolution of his application.

[8] On 19 December 2025, the Respondent made an offer to accommodate the Applicant's preferred outcome being an exit, which was subsequently rejected by the Applicant. The Applicant also advised that he will not make a counter offer for the Respondent's consideration.

[9] On 9 January 2026, given the Applicant's response to the Respondent's offer, my Chambers sought the Applicant's view on whether he wished to close the file or for directions to be issued to hear the matter.

[10] On 12 January 2026, the Applicant responded stating that he was not in a state of health to deal with the application and later provided a medical certificate. However, the medical certificate is unhelpful to support the Applicant's refusal to advise whether he intends to discontinue his application or for the Commission to issue directions for arbitration.

[11] On 19 January 2026, the Applicant subsequently advised that he does not intend to have the matter proceed to hearing. Consequently, for want of prosecution, and consistent with my preliminary view of no prospects of success, I indicated to the Applicant on 20 January 2026 that the Commission will issue a decision dismissing the application.

[12] No further response was received from the Applicant regarding the above.

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(c) the application has no reasonable prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

[14] Section 587 provides that the Commission may dismiss an application where there is no reasonable prospect of success, and it may dismiss a matter on application or on its own initiative.

[15] Section 593 of the Act provides that the Commission is not required to hold a hearing except as provided by the Act.

• [16] In L. Sayer v Melsteel Pty Ltd,[3] the Full Bench held that s.587(1) provides for the dismissal of a matter where the Applicant has failed to prosecute their case without examining the merits.

[17] In these circumstances, I am persuaded that I should exercise my discretion under s.587 of the Act and dismiss the Applicant's application for want of prosecution pursuant to s.587(3)(a) of the Act. I order accordingly.

[3] [2011] FWAFB 7498 at [19].

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